This Criminal Revision was filed against a conviction and sentence of nine months for offence under Section 406 IPC. The High Court dismissed the petition as the petitioner had completed the sentence with remissions and no illegality was found.
Petition dismissed as petitioner had undergone sentence and no illegality found.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Abdul Jabar
Criminal Revision No.1850 of 2004 Date of Decision 08.10.2010 ...... Petitioner VERSUS
State of Punjab
...... Respondent
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.Mohammad Yousaf, Advocate, for the petitioner.
Mr.Amit Chaudhary, Asstt. Advocate General, Punjab, for the respondent-State.
A.N.JINDAL, J:
The petitioner has assailed the judgment dated 31.08.2004, passed by Additional Sessions Judge (Adhoc) Fast Track Court, Sangrur, dismissing his appeal against the judgment dated 10.06.2003, passed by Chief Judicial Magistrate, Sangrur, convicting and sentencing him to undergo rigorous imprisonment for a period of 1½ years under Section 406 IPC. However, in appeal, the sentence was reduced to nine months.
It has been informed that after adding the remissions, as granted by the Government, the petitioner had already undergone the sentence.
Even otherwise, there is nothing on merit. Both the Courts below after proper appreciation of evidence have returned findings of fact regarding the guilt of the accused. No such illegality has been pointed out, warranting interference by this Court
In view of the matter, this petition is dismissed.
(A.N.Jindal) Judge
08.10.2010 mamta-II
2 issues framed by the court
Whether the High Court should interfere in a criminal disposal where the sentence had already been undergone with remissions.
Whether there is any illegality warranting interference in the lower courts' findings of guilt under Section 406 IPC.
Abdul Jabar
State of Punjab
A.N.JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
